Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QA

  (1)   If:

  (a)   a body corporate (the first body corporate ) ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the first body corporate ceases to exist at the cessation time; and

  (c)   under a law of the Commonwealth that was in force at the cessation time, another body corporate (the successor ) becomes the successor in law of the liabilities of the first body corporate; and

  (d)   the amount that represents so much of available scheme funds as is attributable to:

  (i)   premiums paid by the first body corporate before the cessation time; and

  (ii)   special premiums paid by the first body corporate before the cessation time; and

  (iii)   interest earned on the premiums and special premiums referred to in subparagraphs   (i) and (ii);

    exceeds Comcare's liability (if any) under this Act (including liability under actions for non - economic loss), in respect of injuries suffered before the cessation time:

  (iv)   if the first body corporate did not hold a licence in force under Part   VIII--by employees of the first body corporate; and

  (v)   if the first body corporate held such a licence--by employees of the first body corporate in respect of whom the first body corporate was not authorised to accept liability;

Comcare may make a determination that an amount equal to the excess is payable to the successor by way of a refund of premiums paid to Comcare by the first body corporate.

  (2)   The amount is to be paid by Comcare within 28 days after the determination is made.

  (2A)   A determination under subsection   (1) may only be made during the 7 - year period beginning at the cessation time.

  (3)   For the purposes of paragraph   (1)(c), liability means any liability, duty or obligation, whether actual, contingent or prospective.

  (4)   For the purposes of paragraph   (1)(d):

  (a)   liability includes prospective liability; and

  (b)   assume that Comcare's liability is not contingent on:

  (i)   the making of a claim for compensation; or

  (ii)   the giving of a notice under section   53.